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Terms, Conditions & Contract 

Terms, Conditions & Contract 

Agreement between guest and Picnic Nirvana (www.PicnicNirvana.com).

Welcome to Picnic Nirvana (www.PicnicNirvana.com). The www.PicnicNirvana.com website (the "Site") is comprised of various web pages operated by Picnic Nirvana. www.PicnicNirvana.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.PicnicNirvana.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

Picnic Nirvana is a luxury picnics and events service.

 

Under this Agreement, you agree to hire Picnic Nirvana as a professional luxury picnics and events service. 

 

Credit Card Policy

 

Picnic Nirvana requires a credit card to be saved on file until the date of your event is past and the event is finished. This will never be charged or authorized without your consent, and is immediately deleted after your service is complete. Verbal permission is required to consent to use of your credit card.

 

Cancellation/Refund Policy

 

Upon booking, Minimum 50% deposit is required to confirm booking. The remaining balance is required no more than 3 days before the Picnic. Afterpay is available to provide you a payment plan if you choose.

 

You may cancel your picnic 14 days prior to the scheduled date, but will incur a $100 cancellation fee- we may have already turned down other potential customers and lost business due to your picnic being scheduled.

 

There will be one reschedule allowed for any reason; after the first complimentary reschedule, there will be a $30 rescheduling fee for any and all reschedules. you must request a reschedule at least 72 hours in advance of your scheduled picnic time; any reschedules within 72 hours may incur additional fees, including but not limited to being charged for any materials and or food products purchased in preparation for your event. 

 

Weather Conditions: Rescheduling is allowed for unpredictable and inclement weather conditions. If the forecast predicts bad weather conditions (extreme colds/winds) on the day of your event, we will allow you  to reschedule the booking to any future available date within 90 days of your original booking. Please reach out to us at least 24 hours prior to the scheduled booking to let us know you wish to reschedule. There are no same day reschedules allowed unless due to inclement weather.

 

Late Policy and Fees

A late fee of $30 will apply if you are 20 minutes late or more with no prior notice. After 20 minutes, an additional $10 fee is added for every 10 minutes you are late. If you will be more than 10 minutes late, please notify us via text, call or email. After 30 minutes, if we have not heard from you, the picnic will be considered canceled, with no refunds available at that time, Please contact us at any time to discuss any rescheduling, as fee reductions may apply.

 

Property Damage

In the event that any damage to equipment or facilities occurs as a result of your or your family's willful actions, neglect or recklessness, you  acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. 

 

You agree to leave the premise, and all items located thereon, in as good order and condition as they were immediately prior to your use of the premises, and to pay for any damage plus any additional fees that may occur to the premises by you, and/or invitees. 

 

Waiver and Release of Liability

In consideration of the risk of injury while participating in Picnic Nirvana’s services (the "Activity"), and as consideration for the right to participate in the Activity, you  hereby, for yourself, your heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of your participation in the Activity, and do hereby release and forever discharge Picnic Nirvana, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, that you may suffer as a direct result of your participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

You are voluntarily participating in the aforementioned Activity and you are participating in the Activity entirely at your own risk. You are aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. You understand that these injuries or outcomes may arise from your own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, you assume all related risks, both known or unknown to me, of your participation in this Activity, including travel to, from and during this Activity.

You agree to indemnify and hold harmless Picnic Nirvana against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by yourself or anyone on your behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by yourself or by anyone else acting on your behalf. If Picnic Nirvana incurs any of these types of expenses, you agree to reimburse Picnic Nirvana.

 

You hereby certify that you understand the above risks associated with this activity and agree that Picnic Nirvana shall not be responsible for any injuries or losses during any event and service.

Additionally, you agree to be held solely responsible if your negligence, willful misconduct, or disregard for the rules of activity name leads to damage to others or to Picnic Nirvana’s property. You agree to voluntarily give up or waive any right that you otherwise have to bring a legal action against Picnic Nirvana for personal injury or property damage.In the event that you should require medical care or treatment, you agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health insurance.

Any legal manners arising from this release of liability shall take place in the state of California as agreed.

 

“Extra Person” Policy

 

At the time of booking, a party size is agreed on for the picnic event. Only the guests who have been paid and accounted for are allowed on and in the picnic setup. If a client wants to invite friends to picnic who are not part of the Picnic Party, they must stay out of the picnic setup area and Picnic Nirvana is not liable or responsible in ANY WAY for guests not accounted for at time of booking. If unauthorized people are found using Picnic Setup during event, the event is considered over at that moment and will be closed to the picnic party. We may require names of every guest who will be attending the event to confirm eligibility of equipment use. 

 

Electronic Communications

Visiting www.PicnicNirvana.com or sending emails to Picnic Nirvana constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you  electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

 

Children Under Thirteen

Picnic Nirvana does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you  are under 18, you  may use www.PicnicNirvana.com only with permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

 

www.PicnicNirvana.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Picnic Nirvana and Picnic Nirvana is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Picnic Nirvana is providing these links to you  only as a convenience, and the inclusion of any link does not imply endorsement by Picnic Nirvana of the site or any association with its operators.

Certain services made available via www.PicnicNirvana.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.PicnicNirvana.com domain, you hereby acknowledge and consent that Picnic Nirvana may share such information and data with any third party with whom Picnic Nirvana has a contractual relationship to provide the requested product, service or functionality on behalf of www.PicnicNirvana.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.PicnicNirvana.com strictly in accordance with these terms of use. As a condition of your use of the Site, you  warrant to Picnic Nirvana that you  will not use the Site for any purpose that is unlawful or prohibited by these Terms. you  may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. you  may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Picnic Nirvana or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. you  agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Picnic Nirvana content is not for resale. Your use of the Site does not entitle you  to make any unauthorized use of any protected content, and in particular you  will not delete or alter any proprietary rights or attribution notices in any content. you  will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Picnic Nirvana and the copyright owner. you  agree that you do not acquire any ownership rights in any protected content. We do not grant you  any licenses, express or implied, to the intellectual property of Picnic Nirvana or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you  to communicate with the public at large or with a group (collectively, "Communication Services"). you  agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you  agree that when using a Communication Service, you  will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you  own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you  know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Picnic Nirvana has no obligation to monitor the Communication Services. However, Picnic Nirvana reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Picnic Nirvana reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Picnic Nirvana reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Picnic Nirvana's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Picnic Nirvana does not control or endorse the content, messages or information found in any Communication Service and, therefore, Picnic Nirvana specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. you  are responsible for adhering to such limitations if you  upload the materials.

 

Materials Provided to www.PicnicNirvana.com or Posted on Any Picnic Nirvana Web Page

Picnic Nirvana does not claim ownership of the materials you  provide to www.PicnicNirvana.com (including feedback and suggestions) or post, upload, input or submit to any Picnic Nirvana Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you  are granting Picnic Nirvana, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Picnic Nirvana is under no obligation to post or use any Submission you  may provide and may remove any Submission at any time in Picnic Nirvana's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you  warrant and

represent that you  own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you  to provide, post, upload, input or submit the Submissions.

 

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforce ability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you  and Picnic Nirvana agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Picnic Nirvana AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

Picnic Nirvana AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Picnic Nirvana AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Picnic Nirvana AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Picnic Nirvana OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO you . IF you  ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, your SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

Picnic Nirvana reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you  hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you  and Picnic Nirvana as a result of this agreement or use of the Site.

Picnic Nirvana's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Picnic Nirvana's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Picnic Nirvana with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Picnic Nirvana with respect to the Site and the Activity and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Picnic Nirvana with respect to the Site and the Activity. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

 

Picnic Nirvana reserves the right, in its sole discretion, to change the Terms under which www.PicnicNirvana.com is offered. The most current version of the Terms will supersede all previous versions. Picnic Nirvana encourages you  to periodically review the Terms to stay informed of our updates.

 

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